Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1887-06-16
TOOK A BROAD VIEW.
FINAL CONCLUSIONS OF THE INTER-
STATE COMMISSION


Call for Relief.
WASHINGTON CITY, Jnne I6.-The nnan-
| lmous decision Of the interstate commerce
commission on the question of continuing the
| order suspending the operation Of the long
and short haul clause of the law over the diff
| ferent roads throughout the country that had
applied and obtained temporary relief, was
made public Wednesday night The order for
temporary relief made in favor Of the Louis
vile & Nashville road will he allowed to re-
main in force until the day originally limited
for its expiration. OF the other applications
| for relief coming from the transcontinental
lines, from the southern and south western.
northern, eastern and westarn lines, fifty five
| in all, it is decided that the temporary orders
which have been made in some of these petit
tions will, in like manner, be permitted to re-
main in force until the expiration of the time
originally limited in each No further order.
the commission says, will he made upon any
of the petitions, for although some two or
three of the cases may not, by the facts re-
cited In the applications for relief, be brought
strictly within the principles discussed in the
| decision, yet they all present what are
claimed to be different circumstances and
conditions adequate TO authorize exceptions
| to the general rule, and il the petitioners are
persuaded that the fact is as they represent
| they should act hinder the statute accordingly.
The commission devote considerable space
| to a discussion of the proper construction of
| the Iong-and-short clause Of the act. and the
| duty of the commission 10 affording relief To
petitioners by suspendng this provision of
| the law, and sum up their conclusions in the
| following language:
We have listened with an earnest desire TO reach
| Just conclusion 10 all the arguments presented
on the construction Of the statute By those ap-
pearing either advocate to oppose the appli-
| cations and after mature consideration were
satisfied that the statute does require that the
| commission shall prescribe in every instance the
exceptional case and grant its order for relief be-
fore the carrier is at liberty in its tariffs depart
| from the general rule The terms of the statute
| clearly lead to the opposite conclusion.
| ut shall be unlawful for any common carrier
subject to the provisions Of this act to charge or
1 receive any greater compensation in the aggre
| gate for the transportation of passengers or Of
the like kind Of property under substantially sim
| ilar circumstances and onditons for a shorter
| than for longer distance over the same line in
| the same direction, the shorter being included in
the longer distance"
| Here we have clearly stated what is unlawful
| and forbidden and for doing the unlawful and
| forbidden act penalties are provided But that
| which the &C does not declare unlawful must re-
| main lawful if it so before and that which IL
fails 10 forbid the carrier is left at liberty do
| without permission of any one. The charging or
receiving the greater compensation for the short
ar than for the longer haul is to be forbidden
| only when both are under substantially similar
circumstances and conditions; and therefore If in
| any case the carrier, without first attaining an
order Of relief shall depart from the gen
eral rule, its doing will not convict It of lille
| gality. since If the circumstances and conditions
of the two hauis are dissimilar the statute is not
| violated. Should On Interested party dispute that
the action of the carrier warranted, issue
| would be presented for adjudication and the risks
of that adjudication the carrier would necessarily
| assume The latter clause in the same section.
which empowers the commission to make orders
for relief in its discretion does not 10 doing so
restrict it To finding Of circumstances and condi
| tons strictly dissinIilar. but seems intended to
give discretionary authority for cases that could
| not well be indicated in advance by general desig
nation, while the cases which upon their facts
should be acted upon as clearly exceptional would
| be left for adjudication when the action of the
carrier was challenged The statute becomes, on
this construction, practical and this section may
be enforced without serious embarrassment.
A long discussion of the question: "What is
| a case of dissimilar circumstances and cond-
tions within the rneapino nj the lawp and
which the commission sav mpst in ersnaral he
| "A n,ixad QUESTION of Isw and foot mn, which
| a;eo,,.,,. =. ,,;;o oI. ~ -,... ..
| -. ;: - -, a..
A"o' 10 NV "''' '''i' o"'e' 'a'io"'
1t is manifeStly important to the public interest
as well as that OF the railroads themselves, thai
| MISTAKES SHAH as iar as possihe, De avoidei. IL
Is also important that the general rrlle laid down
by the statute he strictly complied with whenever
compliance appears to be fairly practicable, and
that carriers direct their attention more to the
| ieasopitS o' r"hiiug INTO cohtoFmity WIN II than
10 lhe po'S'''its OF Hiding reasons upon Which to
GROUND eS'fptiohs
| In the course oil the further consideration
OF the subject OF exceptions, the commission
saws:
Our observation and Investigations so far made
lead to thu. conclusion that strict conformity to
to the general rule is possible in large SECTIONS Of
the country without material injury 10 either
public or private interests and that in other sec
| tons the exceptions can be and ought to he made
less numerous than they have been hitherto. and
| that when exceptions are admitted the CHARGES
shnuId b.- less disproportinuats Very MANY of
the roads ~ We are informed. have so arranged
their tariffs as to make no exception whatever.
and where that has been proved to be reasonably
| feasible return to the former custom can not be
tolerated.
in summarizing the points made in the
above the following conclusions are reached:
That the Judgment OF carriers in respect to the
Circumstances ana CONDITIONS Is not hnai, but Is
70 t"e a"lsoil.s o' Tue commission ana OF
- - :. ~, ''ae ~" e,''i
And in cass Of comnIan, for viols,;no the so,,-,n
section of the act the burden of proof il on tbs
carrier to Justify any departure from the general
rule prescribed by the statute by showing that
.ne circumstances ana conditiohs are substantial
ulssiillliar
., ha qua ts, 70 c"a,geS
Kidding mn ms, ss,.rimin.t;o,, ami, ,.hn
tional charges ar. made under ,,,,I,a,, MS t.v
do in other cases
That the existence of actual composition which
is oil controlling force IN respect to traffic impor-
uinl N an''l''; may nakr o'. me niSSar CIR
charos so for The Ionasr thar g. H.,